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    • honeybee13
      US elections November 2024 [amended 18/04/24 - HB]

      By honeybee13 · Posted

      The other cases aren't going to happen before November though, are they? Reporters are saying he can't pardon himself for a state conviction. He would have to lean on the governor of New York state, as I understand it.
    • Wizadoros
      Infringement of privacy in IHG Hotel

      By Wizadoros · Posted

      I am requesting your assistance to how I should go about a serious breach of my privacy that occurred during my stay at one of IHG’s hotel on Ma 2023. Having previously had items taken from my hotel room elsewhere I take the added precaution of using a security camera app on my device whenever I stay in a hotel room. The recordings are date and time stamped and it cannot be adjusted by the end user.   On this particular occasion I discovered evidence from my personal security camera recordings of a spy camera had been placed underneath my door, and can be seen moving along the base of the door for approximately 15 seconds.   The spy camera is in fact marketed as an inspection device of drains primarily but is known to be used in observing spaces difficult to enter. It is a usb endoscopic camera that has a length flexible cable that is semi rigid and can negotiate any obstruction by bending. The operator can be up to 3-4 metres away.   Infuriated as I had previously stayed with them in 2022 for 3 months at £260 per night that they would seek to question my honesty and invade my privacy. I immediately called reception and asked why they would do such a thing and if they had any concerns they were welcome to inspect my room and go through my personal belongings and ask me anything they wanted to. I was sleeping for the best part of my stay and was alone throughout.   I sent the recordings to the receptionist within the hour of finding them and I asked to speak to the manager of the hotel who I was told wasn’t present. I tried to have face to face meetings with him but he instead wrote to me denying the recordings were made at their hotel stating that they didn’t observe anyone in the corridor at the time of the recordings and that they don’t have a metal bar at the interface of the tile and carpet which corresponds to the overlying door. I rejected that statement on the grounds the video doesn’t show a bar but a reflection of light on the tile and you wouldn’t see a person outside my door because the cable is black and runs along the floor. If you don’t look for this you won’t see it. The matter was passed up to the area manager and he also denied the allegation. This is where the matter ends as far as IHG are concerned. Leading a busy work and family life I let the matter go but I found myself back at the same hotel a year later. I booked for  2 nights and was given a room facing the lobby door that led to the lifts. Unfortunately, from the hours of 3am I was woken up by the noise of the door opening and closing but also noticed shadows of a person standing in front of my door. At first I took no notice and put this down to a guest waiting for someone but the person or persons returned several times, standing outside my door for up to several minutes. I called the hotel reception and asked if there was an issue  on my floor and they said they would come up to check. They never said they would check the CCTV and as the incidents continued to happen up to 8am I called them 6 times. Given my past experience I didn’t think they took security as serious a# her establishments and made them observe the Cctv and let me know. The explanation I was given was that they could see residents there but they were heading down to breakfast. The time that I had noticed these feet by door was from 3am and breakfast started at 6.30am. It also didn’t explain why they would stand by my door for anything longer than 10seconds and if they were waiting for someone how likely is it that this scenario is played out 6 times when there was only 12 rooms per floor. Later that morning when I went down for breakfast the manager said he would move me to a room at the end of the corridor and asked me what my plans were for the day, essentially when would I be in the hotel. I stated that for the day I was out. He then said that all his staff were uncomfortable about me being a guest and said that I was not welcome there anymore. I had paid for the two nights but when it came to the end of the day I didn’t feel that I would be able to rest at the hotel given the hostility so I returned the next day to collect my remaining belongings, namely items of clothing, an iPhone charging cable and plug, and toiletries. Checkout was at 2pm and I was at the hotel at 3pm. All my belongings were gone and they couldn’t locate the items.  I plan to report the incident of the spy camera to the police, as well as the theft, and write to the hotel emphasising that this breach of privacy is unacceptable and the hotel's failure to properly investigate and address the issue is deeply concerning. The fact that I requested security checks to ensure my safety in the early hours was reasonable, yet their response to ban from the premises was excessive and even possibly discriminatory as I had revealed to them that I had been a victim of a hate crime given my sexuality. . I am seeking compensation for the infringement of my privacy, the lack of proper investigation, and the being humiliated and made to feel like an undesirable. I will request a full refund of my two-night stay totaling £390. Additionally, I will request compensation for the cost of my previous stay when the infringement occurred, which was £220. I am also considering damages for the infringement of my privacy but at a loss as to what this would equate to. I will close the letter giving them a 14 day timeframe to respond.    Is there anything you feel i need to consider here? Many thanks   
    • tobyjugg2
      US elections November 2024 [amended 18/04/24 - HB]

      By tobyjugg2 · Posted

      oF course, this is all just the start. trump is dragging it out as much as possible hoping to pardon himself, but the barrier the yanks had about admitting that a pres could be such a piece of err work has been broken and there is many more to come. His current criminal charges are extremely unlikely to result in jail time or anything other than fines  - but with some of the other charges - jail is pretty much mandatory - especially for one not only not on a first offense - but with others stacked up
    • SPM87
      Homeowner - Struggling to now pay minimums on unsecured debt

      By SPM87 · Posted

      Indeed, it’s all up to date at the moment and no missed payments and no issues from a credit file perspective everything is up to date in that sense 
    • dx100uk
      PRA Group - PAPLOC now Claimform - Halifax Loan £20k+

      By dx100uk · Posted

      follow it thru, plenty of time to poss arrange a tomlin or consent later on. ............   pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] .............. dx

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Petition struck out - 15 months ago - but they're at it again...

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bottomburp

bottomburp

Posted
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Hi, I wonder if anyone can help me here.

 

Briefly a creditor petitioned for my bankruptcy in London. I had the claim moved to my local court where it was allocated a new claim number.

 

In June 2011 the bankruptcy hearing in my LOCAL court was vacated by consent between the parties. The Order says

 

"1. The hearing listed for ... June 2011 be vacated.

2. The petition and the Respondent's application be adjourned generally with liberty to restore; if no request to restore is made by 4.00pm on ...September 2011 then the petition and the Respondent's application shall stand struck out."

 

The next I heard the Creditor had applied (using the old London claim number) to the LONDON county court - despite it having been moved to my local court - asking for the order to be varied to read "...restore by 4.00pm on ... December 2011."

 

The London Court, though it no longer had jurisdiction, duly ordered:

 

1. The order dated......2011 be varied to read .. December 2011 in pace of .. September 2011

2. Any party affected by the order may apply within 7 days of service to have this order varied, set aside or revoked. The Application must be made at the Court where the matter is held".

 

The Claimant then "restored" the hearing to .. May 2012 - at the London Court. Again it was using the old London claim number. I only found out about any of this when the Claimant sent me the London court’s Order and notice of hearing date.

 

I kicked up about this as I had not been notified anything was going on and in any event it was going on in the wrong court.

 

The claimant then wrote to my local court who replied in January 2012 “Please find enclosed a copy of the Order of .. June 2011 stating that if no application to restore is made by 22 September 2011 then the petition will stand struck out. If you would like to apply to reinstate this matter you will to make the appropriate application and pay the court fee..”

 

The claimant wrote to the court again and in March 2012 the court replied, “This court has had no involvement with the orders of the London Court which are certainly not on this Court’s file. As far as this Court is concerned matters stand struck out…”

 

I hear nothing then, in December 2012, I get an application to restore the petition.

 

Bear in mind that my local court’s Order, striking out the petition, was made in June 2011, some 18 months previously.

 

The Claimant admits that they put the wrong claim numbers on their application and cause the matter to be sent back to London but claim that this delay has not prejudiced me… I reckon it has because 18 months passed before they woke-up and started trying to reinstate at the correct court.

 

Any suggestions as to how I deal with this?

The other “little” points I should mention is that my application (that was struck out at the same time of the petition) was made because they had not served the statutory demand on me - I never received it. At the time they knew who my solicitor was, knew my mobile phone number etc but made no effort to contact me by phone or my solicitor. They lied to the court and said they had no way of getting in touch with me so were allowed substituted service.

They then did not serve the bankruptcy petition on me - again misleading the court into allowing substituted service - though the solicitor and mobile phone number were still current.

Having failed to serve with the SD or Petition they did a search and found the address I had been living at when they didn’t serve the SD… it goes on and on. This is a bank and they have a judgment for the debt - I dispute the validity of judgment but that's a whole other story.

Durig this time I have been trying to negotiate an agreement with the Bank but the solicitors have refused to set up a meeting with them...

But these points in italics are not the ones I need answered right this moment…

The question I really need answered now is can they get away with reinstating the claim some 18 months after the order / 15 months after the deadline in the order?

At what stage can I get the judge to say “sorry bank, you’ve had your chance and fluffed it, stop harassing this person. END OF.” ?

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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Conniff

Conniff

Posted
Posted

Are we talking large amounts? as bankruptcy can be for anything £750 or over.

 

Are you admitting to the amount owed ? if so, you should start a payment to them as soon as possible, it doesn't matter if they agree to the amount or not, just keep it going.

Showing you can afford to and are reducing the outstanding balance can only go in your favour and could even thwart any petition.

 

Has the London affair completely ended now ie is the only reference to your local court.

 

You could always remind them of the fact they had full details of your address and if they have used them in the past suggest that attempting to obtain a petition by stealth is akin to fraud.

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bottomburp

bottomburp

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Around £180k.

 

My point is - the June 2011 local Court's Order said " ...The petition and the Respondent's application be adjourned generally with liberty to restore; if no request to restore is made by 4.00pm on ...September 2011 then the petition and the Respondent's application shall stand struck out."

 

They did not request restoration at the local Court, going back to London instead. Then when they realised their error (in Jan / March 2012 they wrote to the local Court who replied "As far as this Court is concerned matters stand struck out…”. They did nothing till December 2012 when they issued an application to have matters reinstated.

 

My point is the original Order was made in June 2011. They had to apply to vary by September 2011. Their Applicaion was made in time but was made to the wrong court. Then they gor a hearing - again at the wrong Court. This was vacated.

 

My argument is essentially that they failed to vary in September 2011 and despite knowing this they have waited 15 months to make the application to reinstate. This is contrary to CPR 3.9 (I only know about it because they are arguing that they have complied with this rule)

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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citizenB

citizenB

Posted
Posted

Will send out an S.O.S to someone who might be able to help :)

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citizenB

citizenB

Posted
Posted

It will very likely be tomorrow before they receive the message - but they will look in :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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42man

42man

Posted
Posted

It sounds like a complete cock up. You need closure on this, as it stands I presume you will need an affadavit / and witness statements outlining exactly what has been said here, I would suggest that you order the judge to place a bankruptcy restraining order on them. You mentioned that you have a solicitor is he/she helping you at all ?

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bottomburp

bottomburp

Posted
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I don't have a solicitor acting for me on this. The creditor did have an undertaking form my solicitor who wsa acting for me on another matter. I have always acted on my own in this case but the Bank knew how to get in touch with me through the solicitor etc as they had an undertaking from him.

 

At the moment I am working on my skeleton in response to the application.

 

Yes, what I want is closure. This has dragged on for too long and I am coping with anumber of High Court claims for huge amounts of money which this is totally disrupting. Also I think this has come to the stage of being vexatious as the order they are no trying to get reinstated / varied is more than 18 months old.

 

At one point they put so much pressure on me that I ended up in hospital.

 

What is a bankruptcy restraining order? How do I get that.

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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42man

42man

Posted
Posted

You can request the judge to make a bankruptcy restraining order on the other party if it is found that they are being vexatious (basically ordering them to stop using the insolvency rules)....but it could depend on the judge on the day as they do vary. It may also be that you may have to make a separate order against them. (which i'm afraid I don't know the process)

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bottomburp

bottomburp

Posted
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OK 42man, This is very helpful. Thank you.

 

I'll do some research on this and incorporate it into my skeleton.

 

Fingers crossed...

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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